Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Georgia King Village v. Floyd

Superior Court of New Jersey, Appellate Division

May 31, 2013

GEORGIA KING VILLAGE, Plaintiff-Respondent,
v.
ANITA FLOYD, Defendant-Appellant, and ANIJAH HENRY, Defendant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 9, 2013

On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Essex County, Docket No. LT 10462-12.

Beth L. Williams argued the cause for appellant (Essex-Newark Legal Services, attorneys; Ms. Williams and Felipe Chavana, on the briefs).

Jeffrey R. Kuschner argued the cause for respondent (Mr. Kuschner, attorney and on the brief; Steven J. Zweig, on the brief).

Before Judges Ostrer and Mantineo.

PER CURIAM

In this summary dispossess matter, defendant Anita Floyd appeals the August 29, 2012 judgment of possession entered in favor of plaintiff Georgia King Village. Because we conclude the court lacked jurisdiction to enter the judgment, we reverse.

I.

Georgia King Village (Village) is a privately owned, federally subsidized, multi-family housing complex located in Newark, New Jersey. Floyd and her five children[1] have been residents of the complex for several years. On February 16, 2012, a female Village resident was assaulted and robbed outside the Village's premises as she walked home from work. Floyd's son, E.P., [2] was arrested and charged with committing the offenses.

On February 27, 2012, Village served Floyd with a "notice to quit/termination notice" ending her tenancy effective March 9, 2012. The notice advised Floyd that Village was terminating her lease because her son had violated the lease by engaging in criminal activity. The notice provided:

3. Your tenancy is being terminated because the lease has been violated as follows:

On February 16, 2012 a member of your household . . . punched the child of another tenant in the face and stole their cell phone. [He] was one of four persons involved in this assault and robbery. All suspects fled . . . after the crimes. The Newark Police were notified and [he] was arrested and charged with assault and robbery.

When Floyd failed to vacate the premises, Village filed a summary dispossess action seeking Floyd's eviction based upon N.J.S.A. 2A:18-61.1(e)(2), violation of lease covenants in public housing. N.J.S.A. 2A:18-61.1(e)(2) authorizes public housing authorities to evict a tenant when "the person has substantially violated or breached any of the covenants or agreements contained in the lease for the premises pertaining to illegal uses of controlled dangerous substances, or other illegal activities[.]" The complaint alleged that on February 16, 2012, Floyd's son violated the lease's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.